Ontario Land Tribunal rejects request to make Rideau Lakes pay rezoning appeal costs

Tribunal says Rideau Lakes handled appeal appropriately

RIDEAU LAKES — Rideau Lakes Township will not be required to pay legal or planning costs linked to a rezoning appeal after the Ontario Land Tribunal dismissed a request seeking up to $82,494.36 from the municipality.

Council received the tribunal’s written decision for information at its Feb. 2 meeting, formally placing the ruling on the public record.

In reasons dated Jan. 28, Tribunal member Sarah Bobka declined to consider or award costs against the township, finding that its conduct during the appeal did not meet the high threshold required under the Tribunal’s Rules of Practice and Procedure.

The request for costs was filed by appellants Robert Butcher and Joan Delaney following an appeal related to a planning application. They argued that the township acted unreasonably, frivolously, vexatiously, or in bad faith, and that its conduct caused them to incur unnecessary legal and land use planning expenses.

The tribunal rejected those claims in full.

In its decision, the tribunal found that the conduct of the township council prior to the appeal being launched on March 20, 2025, fell outside the appeal period and could not be relied upon to justify a costs award.

The tribunal further concluded that it did not observe any unreasonable, frivolous, vexatious, or bad-faith conduct by the Township during the appeal proceedings.

As outlined in the ruling, township counsel proposed a potential resolution in April 2025 that would have seen the township support the appeal if certain well water testing standards were met. In July 2025, the township advised that it no longer opposed the appeal and would take no position at the hearing.

The tribunal described both actions as reasonable, appropriate, and timely, noting that the township’s decision not to oppose the appeal simplified the proceeding and provided the appellants with sufficient notice well in advance of the hearing.

The tribunal also rejected claims that the township caused the appellants to incur appeal costs, noting that the appellants chose to proceed with an appeal rather than wait for the application to return to council for further consideration.

Even where the threshold for awarding costs is met, the tribunal emphasized that it retains discretion and is not required to order costs.

The appellants sought costs on three alternative bases, including full indemnity of $82,494.36, substantial indemnity of $74,244.92, or partial indemnity of $49,496.62. No portion of those costs was awarded.

A staff report prepared by Chief Administrative Officer Shellee Fournier confirmed there are no financial implications for the township arising from the decision.

The tribunal’s written reasons were attached to the council agenda and received for information.

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